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@avjones Is there are risk that when the HO are notified of the intention to marry, they may take steps to remove her as an overstayer before the wedding can take place?avjones wrote:How pregnant is she?
You can give notice to marry in a civil ceremony, and then after marriage apply for an EEA residence card for her as your wife. Once you are married, she doesn't need to pay medical costs etc so long as you are working ("Exercising treaty rights") and are in a genuine relationship.
Where the Home Office has suspicions about a proposed marriage, they can and do call both parties in for interviews to assess whether the marriage is real or not. In my experience the Home Office calls in a lot of Polish / non-EU marriages for interview, because there are a lot of sham marriages involving Polish nationals. Obviously, there are a lot of genuine ones too, but Polish / Lithuanian / Hungarians marrying Pakistanis / Indians / Bangladeshis / West Africans have got a very bad reputation at the moment.
If the Home Office passes your interview and decides your relationship is genuine, you can then crack on and marry. They might not decide to interview you at all, of course.
The answer is - yes, they can. They shouldn't, and it doesn't happen very often, but it has been known.Casa wrote: @avjones Is there are risk that when the HO are notified of the intention to marry, they may take steps to remove her as an overstayer before the wedding can take place?